Kerala High Court
Mohammed Rafeek vs Raja Sunil on 27 October, 2023
WP(CRL.) NO. 184 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
WP(CRL.) NO. 184 OF 2022
PETITIONER/S:
MOHAMMED RAFEEK
AGED 45 YEARS
S/O A.K.RAHEEM, SAIRA MANZIL, ALISSERY WARD,
ALAPPUZHA-688 001
BY ADVS.
AYSHA YOUSEFF
MOLLY JACOB
JOBI.A.THAMPI
M.KABANI DINESH
ASHIFA YOUSEFF
FASHIYA YOUSEFF
C.M.EBRAHIM
SHOUKATH HUSAIN
RESPONDENT/S:
1 RAJA SUNIL
AGED 50 YEARS
S/O RAJA, SURAS HOUSE, OPPOSITE OF VALIYA CHUDUKAADU
THIRUVAMBADI, ALAPPUZHA-688 002
2 MAJEED,
AGED 60 YEARS
S/O KADHER MUHAMMED, POOPARAMBIL HOUSE, ALISSERY
WARD, ALAPPUZHA WEST VILLAGE, AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN-688 001
3 A.M. MOINUDDIN,
FATHERS NAME NOT KNOWN , C/O 1ST ACCUSED RAJA SUNIL,
SURAS HOUSE, OPPOSITE OF VALIYA CHUDUKAADU,
THIRUVAMBADI, ALAAPPUZHA-688 002
WP(CRL.) NO. 184 OF 2022 2
4 STATE OF KERALA,
REPRESENTED BY THE STATION HOUSE OFFICER, ALAPPUZHA
SOUTH POLICE STATION, ALAPPUZHA.
5 DISTRICT POLICE CHIEF,
ALAPPUZHA-688 011.
6 THE STATE POLICE CHIEF,
KERALA, THIRUVANANTHAPURAM-695 014.
7 ADDL. S. ARUN
SOUGHT TO BE IMPLEADED
BY ADVS.
K.K.SATHISH
ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SRI HRITHWIK, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 184 OF 2022 3
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(Crl.) No.184 of 2022
--------------------------------------
Dated this the 27th day of October, 2023
JUDGMENT
This Writ Petition (Crl.) is filed with following prayers :
(a) "To issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 4 th respondent or any
other Police Officer concerned to complete the investigation of
the case in Exhibit-P5 and file the final report before the
Judicial 1st Class Magistrate Court, Alappuzha I within time
frame as fixed by this Hon'ble Court;
(b) To issue a writ of mandamus or any other appropriate
writ order or direction commanding the 4th respondent or any
other Police Officer concerned to arrest the respondents 1 to 3
and recover the original of the forged agreement and other
material objects involved in the case and produce them before
the court of law immediately so as to prevent them from
committing further offences and in the interest of rule of law
and justice; and
(c) To issue a writ of mandamus to the respondents 4 to 6 to
take effective steps against respondents 1 to 3 to abate any
further offences being committed by respondents 1 to 3.
(d) To issue such other further orders as this Honourable
Court may deem fit and proper in the facts and circumstances
of the case."[SIC]
2. The main prayer in this writ petition is for issuing
appropriate direction to the 4th respondent to complete the
investigation of Ext.P5 crime within a time frame.
3. The Public Prosecutor submitted that investigation is
almost over and the investigating officer is awaiting the expert
reports. If that is the case, this writ petition (crl.) can be
disposed of directing the investigating officer to complete the
investigation within a time frame.
Therefore, this writ petition (Crl.) is disposed of with the
following directions :
1) The investigating officer in Crime No.509/2021 of
Alappuzha South Police Station will complete the
investigation as expeditiously as possible, at any rate,
within four months from the date of receipt of a certified
copy of this judgment.
2) The petitioner will produce a certified copy of this
judgment before the investigating officer for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(CRL.) 184/2022
PETITIONER EXHIBITS
Exhibit P1 PHOTO COPY OF THE SALE DEED OF THE
PROPERTY IN SURVEY NO 547/6/7 OF ALAPPUZHA
WEST VILLAGE
Exhibit P2 PHOTO COPY OF THE COMPLAINT DATED
15.6.2021 SENT TO THE SUPERINTENDENT OF
POLICE ALAPPUZHA AND DIRECTOR GENERAL OF
POLICE, KERALA
Exhibit P3 PHOTO COPY OF COMPLAINT DATED 24.6.2021
SENT TO THE RESPONDENTS 4 TO 6 WHEN FORGED
DOCUMENT WAS PRODUCED BEFORE THE SHO,
ALAPPUZHA WEST POLICE STATION BY THE
RESPONDENTS 1 TO 3
Exhibit P3(A) PHOTO COPY OF THE RECEIPT DATED 24.6.2021
Exhibit P3(B) PHOTO COPY OF THE RECEIPT DATED 24.6.2021
ISSUED BY THE 5TH RESPONDENT
Exhibit P3(C) PHOTO COPY OF POSTAL RECEIPT DATED
24.6.2021 FOR COMPLAINT TO 6TH RESPONDENT
Exhibit P4 COPY OF COMPLAINT FILED BY THE PETITIONER
BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE
COURT, ALAPPUZHA DATED 9.7.2021
Exhibit P5 COPY OF THE FIR NO 0509/2021 DATED
9.7.2021 REGISTERED IN THE ALAPPUZHA SOUTH
POLICE STATION
Exhibit P6 PHOTOCOPY OF THE FORGED AGREEMENT SENT TO
PETITIONER BY THE COUNSEL FOR RESPONDENTS
Exhibit P7 COPY OF THE PHOTOGRAPHS SHOWING THE HOUSE
AND NAME BOARD OF TAILORING SHOP ERECTED
IN THE HOUSE OF THE PETITIONER
Exhibit P8 COPY OF THE PETITION SUBMITTED TO
ALAPPUZHA SOUTH POLICE STATION ON
11.2.2022 FOR POLICE PROTECTION
RESPONDENT EXHIBITS
Exhibit-R2(a) True copy of that plaint in O.S.No.14/2021
on the file of the Sub Court, Alappuzha
Exhibit-R2(b) True copy of that interim attachment order
dated 8-7-2021 passed by the Sub Court,
Alappuzha in I.A.No.2/2021 in
O.S.No.14/2021
Exhibit-R2(c) True copy of that plaint in
O.S.No.390/2021 on the file of the
Addl.Munsiff's Court, Alappuzha
Exhibit-R2(d) True copy of that interim injunction order
dated 13-7-2021 passed by the Addl.
Munsiff's Court, Alappuzha in
I.A.No.1/2021 in O.S.No.390/2021
